3rd claim of 3 MKDP Credit Card***Claim Dismissed***

[willintonboots]

This is the third claim of 3 received.

 

Name of the Claimant - MKDP llp originally HSBC

 

Date of issue 24/07/2014

 

Date of issue 24/07/2014 + 19 days ( 5 day for service + 14 days to acknowledge) = 11/08/2014 + 14 days to submit defence = 25/08/2014 (33 days in total)

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim (verbatim) less any identifiable data and round the amounts up/down.

 

The claimant claims the sum of 3xxx being monies due from the defendant to the claimant under a regulated agreement originally between the defendant and HSBC bank PLC. The defendants account number was xxxxxx and was assigned to the claimant on 08/12/2011, notice of this has been provided to the defendant. The defendant has failed to make payments in accordance with the terms of the agreement and a default notice has been served pursuant to the consumer credit act 1974. The claimant claims the sum 3xxx and costs. The claimant has complied, as far as is nessasary, with the pre-action conduct practice direction.

 

What is the value of the claim? 3700

 

Is the claim for a current or credit/loan account or mobile phone account? Credit card

 

When did you enter into the original agreement before or after 2007? 12/03/2007

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Purchased from HSBC by MKDP llp 08/12/2011

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

 

Did you receive a Default Notice from the original creditor? Cant remember, but the apparent default date is 03/08/2008

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments:- Ill health, loss of job, low income.

 

Was there a dispute with the original creditor that remains unresolved? HSBC we unhelpful and basically said there was nothing that could be done.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Attempted to, they said I could not afford to.

[willintonboots]

Hello,

I have been advised on one of the 3 posts I have put up. It just each one is different, so I am hoping someone can advise me with this one?

 

Many Thanks

[willintonboots]

I have just realised, as of today this account is statue barred, the default date was 3/08/2008. Would this be in my defence? I ask because they submitted the claim before this date. But they have the wrong default date as jan 2009.

Thanks

[oleg]

The statute bar clock stopped at the date the claim was issued.

Nevertheless, it may well still be worth pursuing s b in your defence, based on the date of your last payment, as this most often does the trick for most courts, and most claimants realise that. If you don't have statements don't worry. The Opposition would have to prove it is not s b if your defence maintains that it is.

.

However, leave that until we've seen what you get back from M K D P in response to your CCA and CPR requests. For now you just need to acknowledge service within 19 calendar days of the date of issue of the claim form.

.

 

I'm in a rush atm so hope I've not been able to go through your history in detail. If I've missed anything or boo-boobed, others will no doubt put you straight.

[AndyOrch]

" But they have the wrong default date as jan 2009."

 

Where have you sourced this from willintonboots...CRA,s?

 

Andy

[willintonboots]

" But they have the wrong default date as jan 2009."

 

Where have you sourced this from willintonboots...CRA,s?

 

Andy

I have copy of a credit file with the original default from HSBC and it's states the default date as 03/08/2008.

[AndyOrch]

Excellent ...keep that handy and we can pop that in your defence.

[oleg]

Sorry I missed this point when I answered. I read but brain didn't register. Exactly what I meant when I said I was in a hurry. Anyway andyeagleeyes has kindly picked it up.

Pls note also what I've written on your no. 1 thread regarding parallelity of process at this stage of matters.

[willintonboots]

I have it nicely saved on my laptop. So thanks for the bit of advice. They have literally filed this just days before the SB date. Slightly frustrating.

[willintonboots]

Sorry I missed this point when I answered. I read but brain didn't register. Exactly what I meant when I said I was in a hurry. Anyway andyeagleeyes has kindly picked it up.

Pls note also what I've written on your no. 1 thread regarding parallelity of process at this stage of matters.

 

No problem, I appreciate all that you have supported and advised so far. I will get these letter sent off tomorrow. In the mean time I am going to do some research on the defence side of things. Just not sure exactly where to start.

[AndyOrch]

Claim was issued on the 24th July and you state the true default date was 3rd August 2008 so their 9th Jan 2009 is really irrelevant.

[oleg]

" . . . at the very beginning: a very good place to start."

Bon voyage.

Don't fret. Peeps here will help if you get lost in the jungle.

[willintonboots]

Ok I have sent off recorded delivery the CPR 31.14 and a CCA request with a £1 cheque to MKDP.

[willintonboots]

Just and update- MKDP have signed for both recorded delivery letters. One for a CCA request and they've taken payment from my account by cashing a cheque I sent them. I made it clear what the £1 was for. Also the CPR request they have also signed for. I have had no response at all as yet.

Should I start drafting a defence? Getting a little anxious on what the next step should be.

Thanks

[oleg]

. It's now a waiting game to see what they come up with and then 3 or 4 days prior to deadline compose your defence tailored to what they've sent. You can in the meantime study other cases to familiarise yourself with defences.

[willintonboots]

[ATTACH=CONFIG]52838[/ATTACH]

Hey, just an update, I received this in the post on Friday, dated 13th August.

 

What should be the next steps? I am conscious of time as I am working away most of next week and timeframes will be creeping up.

[willintonboots]

Hey, wondered if anyone knows what the above letter means in terms of next steps?

 

Thank you

[willintonboots]

Here is my defence for this account - if anyone has time to run through it I would be very grateful.

I am grateful anyway so far for the amount of support and help I have gained here. I will be making a donation to the site as I fully support it 100%!

 

 

In the Northampton (CCBC) county court

 

 

Claim number xxxxxxx

 

 

Between

 

 

MKDP LLP

 

and

 

 

xxxxxxxx– Defendant

 

 

 

 

DEFENCE

 

 

1. I, xxxxxxxxx of xxxxxxxxxxxxxxxx am The Defendant in this action and make the following statement as my defence to the claim made by MKDP LLP

 

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in The Claimant’s Particulars of Claim and put The Claimant to strict proof thereof.

 

3. The Claimant’s Particulars of Claim are vague and fail to disclose any cause of action; they appear to be an abuse of the process in that they fail to deal with the basic rules of pleading in accordance with the civil procedure rules. (Even allowing for the constraints of the bulk issue system)

 

4. No documents supporting the claim in the particulars have been offered which The Defendant needs to establish what agreement it is that this action is based upon and so The Claimant's claim appears without merit.

 

5. On receipt of the claim form The Defendant sent a CPR 31.14 request for a copy of the agreement, default notice, notice of assignment and a statement of account showing how the amount claimed has been reached which form the basis of this claim.

 

 

6. The Defendant also sent a formal request pursuant to s.77/78 of the consumer credit Act 1974 for a copy of the agreement.

 

7. It has been confirmed via the Royal Mail website that the above letters were received and signed for.

 

8. To date the claimant responded to the CPR 31.14 request stating they are unable to fulfill the defendant’s request at the current time and have requested up to 8 weeks to obtain the requested documents.

 

9. To date no response has been received from The Claimant for the request of Consumer credit act 1974 agreement.

 

10. As a result, the Claimants claim does not contain sufficient particulars to permit me to file a properly particularised and pleaded defence. I am at a disadvantage to respond to this claim. Consequently, I deny all allegations on the particulars of claim and put the Claimant to strict proof thereof.

 

11. It is denied that I have an agreement with MKDP LLP.

 

12. If, which is not admitted, such an agreement exists, the precise terms and date of any such agreement are not admitted. I do not have in my possession any such agreement and am not therefore able to comment thereon. The Claimant is put to strict proof as to the date and terms of such agreement.

 

13. Without admission that any cause of action is shown by The Claimant it is denied that I am indebted to The Claimant as alleged or at all.

 

14. It is alleged the Claimant has an agreement and there has been an Assignment. Within the proof of claim it was stated that there had been an assignment to the Claimant on a date which was given as 08/12/2011. As such it is contended that no such Notice of Assignment has been served pursuant to Section 136(1) of the Law of Property Act 1925. Without a Notice of Assignment, The Assignment is merely equitable and The Claimant is put to strict proof to disclose this and prove that this claim can commence in their own name.

 

 

15. AND the Defendant

 

Seeks an order that The Claimant’s action is struck out or otherwise is dismissed on the grounds that any claim cannot succeed.

 

i. Alternatively if the court decides not to strike out The Claimant’s case, it is requested that The Court orders full disclosure of the requested documents pursuant to the civil procedure Rules.

 

ii. The Defendant respectfully asks the permission of The Court to amend this defence if or when The Claimant provides full disclosure of the requested documents and allows inspection of the original documents.

 

 

 

 

Statement of Truth

 

I believe that the facts stated in this defence are true.

[AndyOrch]

I think you need to check a few more recent threads willinton...that one has seen better days.

 

Andy

[willintonboots]

I think you need to check a few more recent threads willinton...that one has seen better days.

 

Andy

 

Thanks Andy. I will take another look. There are so many so it's been difficult to choose which template and of course I do not really know what I am doing, to be fair it's only because of the excellent advice I am given here and from reading others experiences that I've manage to do what I have done.

I'll put up revised drafts shortly. I am working away but keep logging on where I can

[AndyOrch]

There are no template defences...each claim is unique and so is a defence.

 

Andy

[willintonboots]

Ok here is a revised version - I have taken parts from different cases and amended to my situation. Could you possibly give this a once over? I have to submit very soon. My cut off date is Monday 25th I believe.

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in The Claimant’s Particulars of Claim and put The Claimant to strict proof thereof.

 

3 Paragraph 1 is denied. I am unaware of any alleged assignment purported to the account number referred to nor ever served any Notice of Assignment.

 

4. Paragraph 2 is denied. As the Assignee of this alleged debt the claimant would not be aware whether a Default Notice pursuant to the consumer credit Act 1974 had been served or not.

 

5.Notwithstanding the above a request was made under the consumer credit Act 1974,by way of a section 77/78 for a copy of the agreement, and on payment of the statutory fee of £1.00; the Claimant is and remains in Default of said s77/78 request. Any Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that both the Original Creditor and the Assignee remain in default by reason of Section 78 of the Act.

 

6. The defendant on receipt of the claim form The Defendant sent a CPR 31.14 request for a copy of the agreement, default notice, notice of assignment and a statement of account showing how the amount claimed has been reached which form the basis of this claim.

 

7. . It has been confirmed via the Royal Mail website that the above letters were received and signed for. The claimant has failed to respond.

 

 

8.It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:

a) show how the Defendant has entered into an agreement with the Claimant; and

b) show how the Defendant has reached the amount claimed for; and

c) evidence any nature of breach and provide proof of any Default Notice and Notices of Sums in Arrears;and

d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

9. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

10. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974.

 

11. The Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that both the Original Creditor and the Assignee remain in default as set out above and by reason of Section 78 of the Act.

 

12. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[willintonboots]

I have gone to challenge the particulars, i am hoping that is the right idea...

[oleg]

2. Change "I" to The Defendant.

 

3. The defendant is unaware of any assignment of the purported account and denies receipt of a Notice of Assignment.

 

4. As the purported Assignee . .

 

4. WHAT para 2 ? ?

 

5. Delete everything after "copy of the agreement". Not necessary.

 

7. . . the above mentioned CCA s.77/78 and CPR 31.14 requests were received . .

 

8. . . that the Defendant owes the Claimant any . .

 

11. Unnecessary. Delete.

 

Willin, I am unable to come back until later : hope others can step in if you need help now.

 

Sorry.

[willintonboots]

2. Change "I" to The Defendant.

 

3. The defendant is unaware of any assignment of the purported account and denies receipt of a Notice of Assignment.

 

4. As the purported Assignee . .

 

4. WHAT para 2 ? ?

 

5. Delete everything after "copy of the agreement". Not necessary.

 

7. . . the above mentioned CCA s.77/78 and CPR 31.14 requests were received . .

 

8. . . that the Defendant owes the Claimant any . .

 

11. Unnecessary. Delete.

 

Willin, I am unable to come back until later : hope others can step in if you need help now.

 

Sorry.

 

Hello,

 

Thanks for your reply. Time is drawing in and naturally I want to make sure this is all ok before I submit, so thank you for your time.

how is this?

 

1. The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2. Except where otherwise mentioned in this defence, The defendant neither admits nor deny any allegation made in The Claimant’s Particulars of Claim and put The Claimant to strict proof thereof.

 

3 Paragraph 1 of the particulars is denied. The defendant is unaware of any alleged assignment purported to the account number referred to nor ever served any Notice of Assignment.

 

4. Paragraph 2 of the particulars is denied. As the proposed Assignee of this alleged debt the claimant would not be aware whether a Default Notice pursuant to the consumer credit Act 1974 had been served or not.

 

5. Notwithstanding the above a request was made under the consumer credit Act 1974, by way of a section 77/78 for a copy of the agreement.

 

6. The defendant on receipt of the claim form The Defendant sent a CPR 31.14 request for a copy of the agreement, default notice, notice of assignment and a statement of account showing how the amount claimed has been reached which form the basis of this claim.

 

7. . It has been confirmed via the Royal Mail website that the above mentioned CCA s.77/78 and CPR 31.14 requests were received 06/08/2014.

 

8.It is therefore not accepted with regards to the Defendant owes the claimant any monies and the Claimant is put to strict proof to:

a) show how the Defendant has entered into an agreement with the Claimant; and

b) show how the Defendant has reached the amount claimed for; and

c) evidence any nature of breach and provide proof of any Default Notice and Notices of Sums in Arrears;and

d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

 

9. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

 

10. The Agreement cannot be enforced against the Defendant without an order of the court by the reason of the fact that both the Original Creditor and the Assignee remain in default as set out above and by reason of Section 78 of the Act.

 

 

10. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974.